11:The Tort Of Negligence

Question 1

11: What is a tort ?

Answer 1

A tort is a civil wrong which a remedy ( usually a compensation ) is available to the person being wrong in the civil courts

Question 2

11.4: in order to succeed in an action for negligence what 3 elements are necessary for a claimant

Answer 2

1. The defendant owed the claimant a duty of care
2. The defendant breached that duty of care
3. Reasonably foreseeable damage was caused by the breach of duty

Question 3

11.5: what is duty of care ?

Answer 3

A legal duty to provide a reasonable standard of care to your patients and to act in ways that protect their safety

Question 4

11.5: Explain limited duty of care

Answer 4

Before 1932, courts were very very strict and only recognised a duty of care ( responsibility of not harming others) in few situations
Eg: ppl driving on the road had to take care not to harm others & property owners looking out for visitors
- It was hard to sue for negligence

Question 5

11.5: what is the Donoghue